When a challenge has been made to the polls for cause, if it be a principal challenge, it is sufficient that the ground be made out to the satisfaction of the court, and the challenge need not be referred to triors.-Co. Litt. 156 b.; 1 Chitty, Cr. Law, 549.

Upon a challenge to the polls for favour, the course is to leave it to triors, that is, to swear two persons in court to try whether the juryman challenged will try the prisoner indifferently. If the challenge be made to the first juror, the triors should be some persons not of the jury. Evidence is then produced to support the challenge, and the juror challenged may himself be examined on the voir dire, and according to the verdict of the two triors, the juror is admitted or rejected.-4 Bl. C. 353, note by Chr.; 1 Chitty's Cr. Law, 550; 2 Hale, P. C. 275.

If the juryman be admitted, he will be sworn and joined with the triors in determining the next challenge; and when two jurors have been thus admitted, the office of the triors will cease, and every subsequent challenge is left to the jurymen.-Ibid.

By 6 Geo. 4, c. 50, s. 50, no man shall serve on a jury for the trial of a capital offence who shall not be qualified as a juror in civil causes within the same county, city, or place; and such matter shall be ground for a principal challenge; and the person challenged may be examined on oath on the matter.

Upon a challenge to the array, if the array be quashed, a new venire is awarded to the coroners, or to elisors, at the application of the prosecutor.-1 Chitty's Cr. Law, 548.

If by reason of challenges or the default of the jurors, a sufficient number cannot be had of the original panel, and the trial be under a commission of gaol delivery, the course is for the court to order ore tenus, that a new panel be returned; and there can be no tales.-4 Inst. 68; 4 St. Tr. 728; 1 Chitty's Cr. Law, 520, 550.

But where the indictment or information is in the King's Bench, a tales may be awarded.-1 Chitty, ibid.; and 6 Geo. 4, c. 50, s. 37.

No juryman who has been challenged on the original panel, ought to be sworn on the tales.-1 Chitty, ibid.

And the defendant can challenge peremptorily from the tales, only so many as will complete his original number of twenty in case of felony, and thirty-five in treason; including the challenges he made to the original jury.—Ibid. 550, 551.

Upon the prayer and award of a tales de circumstantibus at nisi prius, it is not compulsory on the sheriff to select the talesmen from the by-standers accidentally in court; they may be selected out of persons previously appointed by the sheriff to be in attendance, in the expectation that a tales would become necessary.-2 B. & C. 104. And see 6 Geo. 4, c. 50, s. 37.

Besides these challenges by the parties themselves, the justices of gaol delivery and of the peace are empowered by statute, to reform the panels of jurors, by taking out the names of individuals, and inserting others, where necessary; and the sheriff is bound to return the panel so altered: and this extends alike to grand and petty jurors.-1 Chitty's Cr. Law, 551. And see 6 Geo. 4, c. 50, s. 20.

If a juryman is taken ill during the trial, (even though the offence be a capital one,) so as to be incapable of agreeing in the verdict, or die, the jury may be discharged and a fresh jury charged, and the prisoner tried de novo; or another juryman may be added to the eleven, by consent of the prisoner; but in that case the prisoner should be offered his challenges over again as to the eleven, and the eleven should be sworn de novo.-Russ. & Ry. 224; 2 Carr. & Payne, 413; 2 Barn. & Ald. 462; 1 Chitty's Rep. 401; 1 Chitty's Cr. Law, 629, 630.

When twelve jurors are by the course of proceeding above described, procured free from exception, they are sworn; and the form of oath, where the prisoner appears in person, is as follows:-" Well and truly to try, and due "deliverance make, between our sovereign lord the king "and the prisoner at the bar, whom they have in charge, "and a true verdict to give according to their evidence."1 Chitty's Cr. Law, 551.

The indictment is then opened, and counsel may be heard in support of the prosecution.-Ibid. 554.

No counsel is allowed to speak for a prisoner upon his trial on the general issue, in a case of felony, except upon any point of law which may arise, proper to be debated.4 Bl. C. 355.

But in misdemeanors, and even in felonies where the issue is collateral, and not the general issue, this prohibition does not apply.-1 Chitty's Cr. Law, 408.

And the judges always allow a prisoner's counsel to instruct him what questions to ask, or even to ask questions for him with respect to matters of fact.-4 Bl. C. 355.

By 7 Will. III. c. 3, the case of treason is excepted from the rule by which counsel are prohibited from speaking on behalf of the prisoner in cases of felony; for by that statute, upon indictments for such treason as works a corruption of the blood, or misprision thereof, except treason in counterfeiting the king's seals, the prisoner may make his full defence by counsel, not exceeding two, to be named by the prisoner, and assigned by the court or judge. Ibid. 409.

And it has been decided that the two counsel may both address the jury, though the prisoner call no evidence.

By 20 Geo. II. c. 30, the same privilege of making full defence by counsel is given in the case of impeachments for treason.-Ibid.

At the opening of the case, application is sometimes made to quash the indictment. The application may be made either by the prosecutor or the defendant; but in the latter case, if the objection be not very clear and obvious, the court will not quash, but leave the defendant to demur, &c.-1 Chitty's Cr. Law, 299.

The witnesses for the prosecution and defence respectively must be sworn to speak the truth, and the usual form is this. "The evidence you shall give between our sovereign lord the king and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth; so help you God."-Ibid. 616.

A peer must be sworn, if examined as a witness, though he is allowed to give his answer upon his honour, in a court of equity. 2 Salk. 513; 1 P. Wms. 146; 2 Mod. 99.

Christians are sworn on the New Testament, Jews on the Old Testament, Mahometans on the Koran, and persons of other religions in the form which according to the faith they profess, is binding on the conscience.-1 Cowp. 389, 390; B. N. P. 292.

A witness may be asked if he believes that there is a Deity, and that there is a future state of rewards and punishments; but he cannot be questioned as to the particular tenets of his religion.-1 Leach, 430.

By 3 & 4 Will. IV. c. 49, the solemn affirmation of a Quaker or Moravian is permitted in lieu of an oath, in all cases where an oath is required by law.

With respect to evidence. It is a rule that nothing shall be given in evidence which does not directly tend to the proof or disproof of the matter in issue.-Arch. 101.

Therefore it is not allowable upon the trial of an indictment to show that the prisoner has a general disposition to commit the same kind of offence as that for which he stands indicted. Phil. Ev. 170.

But with a view to prove the identity of the defendant, it may be shown that other goods, not included in the indictment, which were stolen from the premises at the same time, were found in his possession.-Arch. 102.

So it may be shown upon an indictment for arson, that property taken out of the house at the time of the firing were afterwards found secreted in the possession of the prisoner.-2 East, P. C. 1035.

And where several felonies are so connected together, as to form an entire transaction, upon an indictment for the one, the other may be proved, to show the character of the transaction.-6 Barn. & Cres. 145.

So where a guilty knowledge by the defendant is to be

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proved, as in the case of forgery, the prosecutor is allowed to give evidence of other instances of his having committed the same offence for which he is now indicted.-1 New Rep. 93

So where it is necessary to prove malice, acts not included in the indictment are admissible evidence; as in murder, former attempts to assassinate.-Arch. 103; Russ. & Ry. 531.

So, upon an indictment for rape, defendant may give general evidence of the woman's character for want of chastity, or that she had before been criminally connected with him; though he is not allowed to prove such connection with others.-Russ. & Ry. 211. Vide sup. p. 153.

So the prisoner is allowed to call witnesses to speak generally to his character, but he is not allowed to prove particular actions in his own favour, unless such evidence tends directly to the disproof of some of the facts charged and put in issue.--Arch. 104.

It is also a general rule that the best evidence the nature of the case will admit of, must be produced, if it can possibly be had; and if it cannot, then the next best evidence.— 1 Chitty, C. Law, 566.

Therefore before a copy of a written instrument or parol evidence of its contents can be received as proof, the absence of the original instrument must be accounted for by proving that it is lost or destroyed, or in the possession of the opposite party. Nor will even the declaration of the party against whom it is used, be evidence of the instrument, unless the non-production of it be accounted for. -Arch. 105; 1 Ry. & Mo. 187.

But on an indictment for stealing a bill of exchange parol evidence of it may be admitted, without a notice to the defendant to produce the instrument itself.-Arch. 106; 1 Leach, 330.

In general it is sufficient to prove by a single witness. But by 1 Edw. VI. c. 12, s. 22; 5 & 6 Edw. VI. c. 11, s. 12; 1 & 2 Ph. & M. c. 10; 7 & 8 Will. III. c. 3, s. 2; in cases of treason, (not relating to counterfeiting the